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Home My WebLink About2022-46 - Declaring No Surplus Water and a Level Two Water Supply ShortageRESOLUTION NO. 2022-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING A LEVEL TWO WATER SUPPLY SHORTAGE AS MANDATED BY THE STATE WATER BOARD WHEREAS, California is currently experiencing a state-wide drought; WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N-7- 22, which directed the State Water Resources Control Board ("State Water Board") to consider adopting emergency regulations to increase water conservation and requested the State Water Board to require urban water suppliers to implement Level 2 of their water shortage contingency plans; WHEREAS, on May 24, 2022, the State Water Board adopted Resolution No. 2022-0018, to enact an emergency regulation relating to drought response actions by amending Title 23 of the California Code of Regulations to add new section 996 ("Emergency Regulation"); WHEREAS, the Emergency Regulation, which took effect June 16, 2022 and will remain in effect for one year unless the State Water Board modifies it, ends it earlier, or readopts it, requires each urban water supplier to implement at a minimum all demand reduction actions identified in the supplier's water shortage contingency plan adopted under Water Code Section 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2); WHEREAS, Newport Beach residents and businesses have taken bold steps over the years to reduce water use and the City of Newport Beach and the Orange County Water District have invested in water resiliency and water reliability within our groundwater basin; WHEREAS, the City's public information and awareness campaign regarding the current drought continues to be instrumental in achieving conservation goals and reducing water waste; WHEREAS, the "Save Our Water" statewide water conservation program (SaveOurWater.com), and the City's water conservation campaign (ocwatersmart.com) are great resources for water conservation information, tips, rebates, and water saving landscape designs; Resolution No. 2022-46 Page 2 of 4 WHEREAS, according to the City's annually mandated water supply and demand assessment, the City has a balance in water supply and demand for next year but with no surplus water supply; WHEREAS, Governor Newsom and the State Water Board nevertheless have determined that additional conservation actions from urban water suppliers, residents, and the commercial, industrial, and institutional sectors are required; and WHEREAS, these additional conservation actions will help increase the availability of water for the next year. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby declare a Level Two Water Supply Shortage to comply with the State Water Board's Emergency Regulation mandating implementation of demand reduction actions associated with the Level Two Water Supply Shortage condition as identified in the City's Water Shortage Contingency plan. Section 2: In accordance with NBMC Section 14.16.070, the following water use restrictions for a Level Two Water Supply Shortage condition are imposed: A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area for more than three days per week. This restriction does not apply to the following: 1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand-held bucket or similar container, a hand-held hose equipped with a positive self -closing water shut-off nozzle or device, or a very low -flow drip type irrigation system when no emitter produces more than two gallons of water per hour. 2. Irrigation of food crops (including fruit trees and vegetable gardens). 3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an irrigation system. B. Residential and irrigation customers shall not use in any billing period any more water than the amount of water those customers used in the same billing period in 2020. For those customers without a City water billing history for the same billing period in 2020, their base amount shall be an estimate based on the water usage of similar Resolution No. 2022-46 Page 3 of 4 premises and users during that that billing period in 2020. This restriction does not apply to the following customer categories: 1. Single Family Residential customers that use 20 billing units or less during a two -month billing period or 10 billing units or less during a one -month billing period. 2. Multi -family Residential customers that use 18 billing units or less during a two -month billing period or 9 billing units or less during a one -month billing period. C. This declaration of water supply shortage and the accompanying mandatory water use restrictions and conservation measures set forth herein shall become effective upon the adoption of this resolution and shall remain in full force and effect for up to six (6) months unless this resolution is extended, repealed earlier, or new mandatory conservation measures are adopted, but shall not in any case be in effect for longer than the effective dates of the Emergency Regulation. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2022-46 Page 4 of 4 Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 28th day of June, 2022. 101, Kevin Boon Mayor ATTEST: to E Leilani I. Brown City Clerk t;t t N ► APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE �'--� ` , �/ CLI-- Aaron C. Harp City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2022-46 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 28th day of June, 2022; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery, Council Member, Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 291h day of June, 2022. 91AW, Z j ffio.—. "Equ "Jim= Leilani I. Brown City Clerk Newport Beach, California